DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2017/4354)

AUSTRALIAN GLASS GROUP (HOLDINGS) PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 FEBRUARY 2018

Application for approval of the Australian Glass Group (Holdings) Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Glass Group (Holdings) Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unidex Consulting Pty Ltd T/A Frontline Human Resources. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 15 February 2018 and, in accordance with s.54, will operate from 22 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, applied to the Fair Work Commission for approval of the Australian Glass Group (Holdings) Pty Ltd Enterprise Agreement 2017. The dispute arose from the negotiation and subsequent application for approval of an enterprise agreement between the applicant and the Australian Glass Group (Holdings) Pty Ltd, involving the terms and conditions of employment for employees of the company.

The central legal issues before the court involved determining whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was genuinely negotiated, free from any improper influence or coercion, and if it provided fair and reasonable terms and conditions for the employees. Additionally, the court needed to ensure that the agreement included the mandated minimum terms and conditions as prescribed by the Act.

The Fair Work Commission carefully reviewed the negotiation process and the content of the agreement. It found that the agreement was genuinely negotiated and free from any undue influence or coercion. The Commission also determined that the agreement provided fair and reasonable terms and conditions for the employees, including compliance with the mandated minimum terms. Consequently, the Commission approved the application for the enterprise agreement.

As a result of the court's decision, the Australian Glass Group (Holdings) Pty Ltd Enterprise Agreement 2017 was approved and came into effect, governing the employment terms and conditions for the employees of the company.

Unidex Consulting Pty Ltd T/A Frontline Human Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established